Can the school conduct a reevaluation without my consent?

No, not for a reevaluation that involves new testing. The school must obtain your written consent before administering any new evaluations. If the school is reviewing existing data only (no new testing), they may not need consent for that review, but should notify you.

The school says they can just review existing records instead of new testing. Is that allowed?

Yes, but only if the team determines existing data is sufficient to establish continued eligibility and current needs. If you believe new testing is needed because the data is outdated or incomplete, you can advocate for it. You can also request an IEE if you disagree with assessment decisions.

Can I waive the reevaluation?

Yes, the school may ask you to sign a document agreeing a reevaluation is not necessary. You are not required to agree. If you have any questions about whether current data is still accurate, declining to waive and requesting a full reevaluation is the safer choice.

What if the reevaluation results say my child is no longer eligible?

Don't sign anything you disagree with at the meeting. Ask for more time to review. You can request an IEE, file a state complaint, or request a due process hearing. Losing eligibility means losing services, this decision deserves careful scrutiny, especially if your child is still struggling.

Understanding IEPs

IEP Service Minutes: A Parent's Guide

Every IEP lists the specific services your child will receive and how many minutes per week they will receive them. Those minutes are not suggestions. They are a legal commitment. Here is what you need to know about service minutes and what to do when they are not delivered.

Meghan Moore, BCBA, M.A. Special Education

What IEP Service Minutes Are and Why They Matter

When the IEP team agrees that your child needs special education services, the IEP must specify not just what those services are, but how much time will be dedicated to them. These are service minutes: a precise, legally binding commitment of time. Your child's IEP might list 30 minutes per week of speech therapy, 60 minutes per day of specialized reading instruction, 45 minutes per week of occupational therapy, or any combination of services and frequencies the team determines your child needs.

Service minutes are not targets or suggestions. They are a legal obligation. If the IEP says 60 minutes of speech therapy per month, the school must deliver 60 minutes of speech therapy per month. Missed sessions, shortened sessions, or canceled appointments without make-up all constitute a failure to implement the IEP as written.

How to Read Service Minutes in the IEP

IEPs typically list services in a table or grid that includes the type of service, the provider (speech-language pathologist, special education teacher, etc.), the frequency (daily, weekly, monthly), the duration of each session, the location (general education classroom, resource room, separate therapy room), and the beginning and ending dates.

Read this section carefully. The total minutes matter, but so do the details. "30 minutes, 2x weekly" is very different from "60 minutes, 1x weekly," even though both add up to 60 minutes per week. Session frequency and duration affect scheduling, missed-session policies, and how services fit into your child's school day.

If anything in the services section is vague, ask for clarification before signing. "As needed" is not an acceptable frequency for a legally binding IEP. "1x weekly for 30 minutes" is. If the IEP uses imprecise language, request a revision.

Common Reasons Service Minutes Get Missed

There are many reasons a child's IEP service minutes go undelivered. Service providers get sick or have no substitutes. Schools schedule therapy sessions during a student's favorite activity, making attendance a problem. Field trips, assemblies, state testing, and holidays interrupt scheduled sessions. High caseloads mean providers are stretched thin. Staff turnover leaves services uncovered for extended periods. In some districts, there are not enough certified providers to fill all the positions, and services go unfilled for weeks or months.

None of these reasons excuse the failure. The school's obligation to deliver the minutes does not go away because a provider called in sick. The district must have systems in place to cover services or make them up. If yours does not, that is a systemic problem worth documenting.

How to Track Whether Your Child Is Getting Their Minutes

The most direct way to track service minutes is to ask the service provider to share session logs. Most therapists and special education teachers keep records of when sessions occur, how long they last, and what was worked on. Request these records in writing at the start of the year and ask to receive monthly updates.

You can also ask your child after school whether they had speech, OT, or resource room that day. Keep a simple calendar at home and note which days your child reports receiving services. Compare this against the IEP's scheduled frequency over the course of a month.

Some parents add a line to the IEP asking to be notified in writing within 24 hours whenever a scheduled service session is missed. This is a reasonable request and many teams will agree to it.

At progress report time, ask the service provider directly: "How many sessions have we had this quarter, and does that match what the IEP requires?" Put the question in writing if you want a written answer.

What to Do If Minutes Are Being Missed

As soon as you discover that service minutes are being missed, notify the school in writing. Send an email or letter to the special education director and your child's case manager stating that you have learned that IEP services have not been delivered as required, that you want to know the full scope of the missed services, and that you expect the district to propose a plan to make up all missed time.

Keep this documentation. If the district does not respond or does not make up the missed services, you can escalate to a state complaint. State departments of education investigate these complaints and can order make-up services. Many state complaints resolve in favor of parents when the school cannot produce documentation that services were delivered.

You may also be entitled to compensatory education, meaning additional hours of service beyond the remaining IEP year to compensate for what was lost. Compensatory education is a standard remedy in both state complaints and due process hearings for failure to implement IEP services.

Can the School Change Service Minutes Without an IEP Meeting?

No. Service minutes are part of the IEP. They can only be changed through an IEP team meeting. In some states, the parent and district can agree in writing to make minor amendments without a full meeting, but this requires explicit written consent from the parent. The school cannot unilaterally reduce services because a provider is unavailable, because the child is making good progress, or for any other administrative reason without the parent's agreement.

If the school tells you they are reducing your child's services without offering a meeting, ask for prior written notice explaining the decision and request an IEP meeting. If they proceed without your consent, file a complaint.

How to Advocate for More Service Minutes

If you believe your child needs more service time than the school is offering, come to the IEP meeting with data. Evaluation results, progress monitoring data, teacher observations, and reports from private providers all support the argument for increased services. Ask the team to explain their rationale for the proposed minutes and what data shows that amount is sufficient.

An outside evaluation from a private therapist or educational evaluator often carries significant weight. If the private evaluator recommends more hours of service than the school is providing, present those recommendations at the IEP meeting and request that the team explain in writing why they are not following them.

If the team refuses to increase services despite evidence that more is needed, you can dispute the decision through mediation or due process. The standard is whether the proposed services are sufficient to provide FAPE. If they are not, the school must increase them.

Frequently Asked Questions

What are IEP service minutes?

IEP service minutes are the specific amount of time per day or week that your child must receive each special education service listed in their IEP. This includes special education instruction, speech therapy, occupational therapy, physical therapy, counseling, and any other related service. Service minutes are part of the legally binding IEP document and must be delivered as written.

What happens if my child misses IEP service minutes?

When a school fails to deliver service minutes specified in an IEP, it is a violation of IDEA. The school may owe your child compensatory services, which are additional hours of service to make up for what was missed. Contact the special education director in writing as soon as you learn minutes are being missed, document the gap, and request a plan to make up the lost time.

How do I know if my child is receiving their service minutes?

Ask the service provider to share their session logs. Request a service log or attendance record in writing. Check with your child directly after school. You can also request that the IEP include a system for notifying you when sessions are missed. If the school cannot produce documentation showing services were delivered, assume they were not and document your concern in writing.

Can the school reduce service minutes without an IEP meeting?

No. Service minutes are part of the IEP. Changing them requires an IEP team meeting (or written agreement between the parent and district in some circumstances). A school that unilaterally reduces service minutes without a meeting is violating IDEA. If this happens, request an IEP meeting and document the reduction in writing.

How many minutes of service should my child receive?

There is no single answer. The number of service minutes must be determined individually based on your child's needs and what is required to provide FAPE. The IEP team, including you, makes this determination based on evaluation data, present levels of performance, and goals. If you believe your child needs more time than the school is offering, request that the team explain the data supporting their recommendation and present your own data or outside evaluations supporting more time.